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  • Article

    When Can A Medical Scheme Cancel Membership For Non-Disclosure?

    In a unanimous decision recently handed down by the Constitutional Court, it was held that a medical scheme cannot cancel membership for failure by a member, during the underwriting process...
    South AfricaFood, Drugs, Healthcare, Life Sciences
    Fairbridges
    Fairbridges
  • Article

    Enforceability Of Clauses Common To International Contracts

    Most contracts involving parties located in different countries include provisions relating to the choice of a particular forum for dispute resolution and identify the law to be applied.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
Article

The Art Of Choosing A Trade Mark

Selecting a trade mark is a critical decision for any business owner. This article examines the legal principles governing trade mark distinctiveness and availability in South Africa, exploring how businesses can establish brands that resonate with consumers while securing effective legal protection and long-term commercial value.
South AfricaIntellectual Property
Adams & Adams
Adams & Adams
  • Article

    European Sustainability Law Will Impact SA Companies

    Does your company have solid due diligence and sustainability policies? Are your standard precedent agreements geared for a world in which sustainability is the focus?
    GlobalCorporate/Commercial Law
    ENS
    ENS
  • Article

    IP In Practice: Legal And Commercial IP Developments In Kenya And South Africa

    In many of our past articles, we have focused on traditional aspects of intellectual property ("IP"), such as the creation, acquisition, and enforcement of rights.
    GlobalIntellectual Property
    ENS
    ENS
  • Article

    From Pledges To Bankable Projects. What International Investors Should Watch In South Africa

    South Africa's latest investment announcements have put the country back into the conversation for international investors. With record commitments across energy, infrastructure, manufacturing...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Understanding Beneficial Ownership Filing In South Africa

    In South Africa, all companies and close corporations must disclose beneficial ownership information to the Companies and Intellectual Property Commission (CIPC).
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Stay App-Dated

    The Apple Store launched in July 2008 and made available to iOS users some 800 applications ("Apps") to download. As of March 2017, this number had increased to 2.2 million.
    South AfricaIntellectual Property
    KISCH IP
    KISCH IP
  • Article

    New Act's Impact On Property Rights

    Property developers wishing to obtain property rights are advised to proceed under the existing provincial ordinances to change land rights.
    South AfricaReal Estate and Construction
    ENS
    ENS
  • Article

    High Court Dismisses Application To Set Aside B-BBEE Commission's Findings: Lessons For Stakeholders

    A recent South African High Court decision explores some interesting issues regarding the scope of the Broad-Based Black Economic Empowerment Commission's (the "Commission") ...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Section 47 Of The Income Tax Act: Tax-Efficient Shareholder Distributions On Liquidation

    When a company faces liquidation, winding-up or deregistration the instinct might be to brace for tax consequences, but section 47 of the Income Tax Act 58 of 1962...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Why Traditional SaaS Agreement’s Do Not Cater For Key AI Risks

    As organisations rapidly adopt AI capabilities through familiar SaaS delivery models, a critical misalignment has emerged between traditional software contracts and the novel risks introduced by AI systems.
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    Contractor Cancels JBCC Contract

    In the JBCC cancellation clause there is a provision to the effect that neither the employer nor the contractor can cancel the contract if at the time the party wishing to cancel is itself in breach of a material term of the contract.
    South AfricaReal Estate and Construction
    Cox Yeats
    Cox Yeats
  • Article

    Independant Schools And Expulsion – Contract And The Constitution

    As of 9 January 2019, and estimated 402 141 students were enrolled in the 1966 independent schools scattered throughout South Africa.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    When "Served" Isn't Served

    Getting a summons issued is only half the battle in a debt recovery or enforcement matter. The other half is making sure the defendant is properly served...
    South AfricaLitigation, Mediation & Arbitration
    Fairbridges
    Fairbridges
  • Article

    PST Energy Shipping And Product Shipping And Trading SA v. OW Bunker Malta And ING Bank SA (Res Cogitans): The Implications Of The Judgment

    The OW Bunker Group 2013 "Terms and Conditions of sale for Marine Bunkers" provide for English law and London arbitration.
    South AfricaTransport
    Shepstone & Wylie
    Shepstone & Wylie
  • Article

    When Tax Structuring Stops Being About Tax

    The Constitutional Court's decision in Absa Bank Ltd v SARS marks a pivotal shift in how South African courts approach tax avoidance structures, moving beyond technical compliance to examine the true commercial substance of transactions. This judgment signals a broader regulatory trend where authorities increasingly look through carefully engineered corporate structures to ask what was really happening, challenging the long-held assumption that technical legal compliance provides immunity from scrutiny.
    South AfricaCorporate/Commercial Law
    Andersen in South Africa
    Andersen in South Africa
  • Article

    On-Demand Bonds: Is Substantial Compliance Enough?

    The Supreme Court of Appeal has also, on several occasions, articulated the guarantor's obligation to make payment in terms of a letter of credit or on-demand bond.
    South AfricaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Changes To Court Rules And Directives

    On 3 June 2022, changes to the Magistrate's Court, High Court and the Supreme Court of Appeal rules were published in the Government Gazette.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Data Derived From AI: Understanding The Legal Risks Of Synthetic Data, Embeddings And AI-generated Data

    AI systems are generating new categories of data that challenge traditional SaaS contract definitions, creating potential disputes between vendors and customers over ownership and usage rights. As synthetic data, embeddings, and vector databases emerge from AI processes, existing contractual frameworks for anonymised and aggregated data may prove inadequate to address the commercial, legal, and regulatory risks these novel datasets present.
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Showing 301–320 of 351 results

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